HomeMy WebLinkAbout7.b. Broback Industrial Park Street & Utility Improvements, City Project #279 ;
-.
� CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: March 18, 1997
AGENDA ITEM: Broback Industrial Park Street & Utility AGENDA SECTION:
Improvements, City Project #279 Public Hearing
PREPARED BY: Bud Osmundson AGEND���V` --� .,
City Engineer/Public Works Director �� 1 �
ATTACHMENTS: Resolution, Executive Summary, Map APPROVED BY:
The purpose of this item is to conduct a public hearing to receive input on the proposed
improvements in the Broback Industrial Park, City Project #279. The proposed
improvements include street and storm drainage facilities. The total cost of these
proposed improvements is S 180,000 of which approximately S 158,550 is to be assessed
against the benefiting lots in the BIP. The remaining 521,450 is to pay for storm water
pipe oversizing out of the Storm Water Core Fund. The Utility Commission
recommended the project be constructed as described in the Feasibility Report.
As we discussed at the last meeting, Staff recommends that the City Council hold the
assessment hearing and wait for any appeals prior to awarding a contract for the work if
this project does move forward.
The City Council has at least three options available to them after receiving the public
hearing input:
1 . Adopt the attached resolution approving the project and ordering the assessment
hearing for the proposed improvements, known as the Broback Industrial Park
Street & Utility Improvements, City Project #279.
2. If the Council hears testimony that the project and assessments, as described,
would be appealed, direct Staff to investigate alternative measures.
3. As in No. 2 above, close the public hearing and not proceed with the project at
this time.
RECOMMENDED ACTION:
COUNCIL ACTION: '
$ '
�
;
. ��
F� CITY HALL
�� C I TY O F RO S E M O U N T 28�5- ,45th Street WeSt
�i � � P.O.Box 510
°'� Ever 1'flltl s Comin U ROSemOUCtt�! Rosemount,MN
y g� g p 55068-051-0
�'��'�� � � � Phone:612-423�4411 �
AFFIDAVIT OF MAILED AND POSTED HEARING NOTICE Fax:612-423-5203
FOR
BROBACK INDUSTRIAL PARK STREET & UTILITY IMPROVEMENTS
CITY PROJECT #279
STATE OF MINNESOTA ►
COUNTY OF DAKOTA )ss.
CITY OF ROSEMOUNT )
Susan M. Walsh, being first duly sworn, deposes and says
I am a United States Citizen and the duly qualified Clerk of the City of Rosemount,
Minnesota.
On March 5, 1997, acting on behalf of the said City, I posted at the City Hall, 2875
145th Street West, and on March 6, 1997 deposited in the United States Post Office
of Rosemount, Minnesota, copies of the attached notice of public hearing regarding
the proposed Broback Industrial Park Street & Utility Improvements for curb & gutter,
streets and storm sewer for City Project #279, enclosed in sealed envelopes, with
postage thereon fully prepaid, addressed to the persons listed on the attached listings
at the addresses listed with their names.
There is delivery service by United States Mail between the place of mailing and the
places so addressed.
S an M. W sh
City Clerk
City of osemount
Dakota County, Minnesota
Subscribed and sworn to before me this (O� day of March, 1997.
CINDY UORNIDEN � . � `
; NOTARY PUEUC—MINNESOTA
' DAKOTA COUN Notar ublic
� My Comm.Expires Jan.31,2000 y
■ •
� ; �e �,�:i�n,,.��,�•.
��� xtn��
i: marwials
.._ _.._ ..._. . s . ..
CI TY O F RO S E M O u N T �s75 C'�StHSAt eer`.�lest
P.O. Box�10
Rosemount,MN
Everything's Coming Up Rosemounr!! �5068-0510
� � Phone:ol?•3Z3•4di 1
Fax:�i�-�i23•5�03
PUBLIC NOTICE
NOTICE OF PUBLIC HEARING ON IMPROVEMENTS
BROBACK INDUSTRIAL PARK STREET & UTILITY IMPROVEMENTS
CiTY PROJECT #279
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota
will meet at 8:00 o'clock p.m. or as soon thereafter as possible, Tuesday, March 18,
1997 in the Council Chambers of the City Hall, 2875 145th Street West, to consider
the following improvements:
City Project #279 - Broback Industriai Park Street & Utility Improvements
The nature of improvements shall include the construction of street, curb & gutter,
and storm sewer.
The total estimated cost of said improvements is S 180,000.
The area proposed to be assessed for the foregoing improvements would be all that
area generally described as: All of Lots 1 thru 5, Block 1 and Lots 1 thru 5, Block 2
of Broback Industrial Park as recorded in the City of Rosemount, Dakota County,
Minnesota.
Such person(s) as desires to be heard with reference to the proposed improvements
will be heard at this meeting. Written or oral opinion will be considered.
Dated this 4th day of March, 1997.
BY ORDER OF THE CITY COUNCIL.
�,
,,-
�
S san M. alsh
City Clerk
City of Rosemount
Dakota County, Minnesota
� .. ,.,.
Rosemount Town Pages
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Kristin Hovey,being duly sworn, on oath says that she is an authorized �,NOTICE OF PUBLIC HEARING
agent and employee of the publisher of the newspaper, known as The ,,_,'� ON Il1�ItPROVEI►�NTS , �
Rosemount Town Pages, and has full lrnowledge of the facts wluch are . '�,,,BROBACK INDUSTRIAL �
stated below: �� PARK STREET&UTILTTY
(A}The newspaper has complied with all of the requirements consdtuting IMPROVEMFNTS
qualif'icadon as a legal newspaper, as provided by Minnesota Statues CITy pROJECT#f279
, 331A.02,331A. d th a licable la s,as amended.
PP ��
'TO WHOM iT MAY O
B)T he print e d��� h����`,1.� 0 c �c e�w:
xo�cs is�xsa�r crvsw,u��6ty conoa►or
' the City of Rosemoau4 Minnesota wili meet at 8;00 ��
. o'cbck p.m.or�as p000 t6ereaher as poaaibk,Tuesday, .
Maccb 18.1997 in t6e Coa�il CLambeca of t6e City Hall.
� 2875 145tL SUeet West,to eonaider the foliowing
which is attached, was cut from the columns of,said newspaper, and was ��:
printed and published once each week for G��, successive � c�ty r�ox����s-sro��r��a�g�8,r�k
sv«�s vaua��o���o�
w eks• it was f' st ublished on Friday, the day o
f s«
����`��-� , 1�and was thereafter printed and ublished on 71x nature of improvemrnu sLall include tbe cooahuction
er� Friday, to and i el ing Friday, the �_day of ofstreeqaub&guttu.�ds��„�«. I
��,, �\�` , 19�and printed below is a copy of the '��«���f�a;��o�;�s�so.000.
lower case alphabet from A to Z, both inclusive, which is hereby 'r��a P�oroua�o e���ua ror�n�ro«go;ng
aclrnowledged as being the size and kind of type us�d in the composition �rOYO�n�a would be all that acea genecal(y deacribed
� as:.All of Las 1 tlan 5,Blodc 1 and Las I t6�n 5,B1ack 2
��of Broback Industrial Park as zecorded in Ux City of
and publicadon of the notice: �����c��,.��� �I
� � ��Soon petsou(s)as aeww w be heara wi�h mf�rence w the '��
� � � 86cdef8m7�t�°P9�°1'°�'xYi p[npoxd improvementa will be heazd at thia meeting. . . '�,
� w�a��oq w;n ue��a�a.
By: ���w� ��.4��,.���.�9�,. I'�
Tide:Typese sx oxuEx oF r�crrx co[nvci�.
� , �� w s��M.w�n
Subscribed and sworn to before me on this J�_day ��.�,,,.� ',
Of `�'��� c5ry ct�� '
� � � CSty of Rornmwot� . ��,
19�. n.raa c«�wy.M;�aaa '
3r/-3/14
.. � il
Notary Public I
AFFIDAVIT ',
� .� � �
�r' CONNIE E. FIFAREK �
''� NOTARY PUBLIC—MINNESOTA I
MY COMMISSION EXPIRE6 131-00
I,il _ ___------
r�
�
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 1997 -
A RESOLUTION FOR THE APPROVAL, DECLARING COST TO BE ASSESSED,
AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE
BROBACK INDUS7RIAL PARK STREET AND UTILITY IMPROVEMENTS
CITY PROJECT #279
WHEREAS, the City Council of the City of Rosemount ordered a feasibility report for the
Broback Industrial Park Street & Utility Improvements, City Project #279; and
WHEREAS, the City Council has received and accepted the Feasibility Report on March 4,
1997 for City Project #279; and
WHEREAS, the City Council ordered and held a public hearing on March 18, 1997 to receive
input of this project; and
WHEREAS, cost have been determined for the improvement described as City Project #279
and the total construction cost of these improvements is estimated to be S 139,000, and the
estimated expenses to be incurred in the making of such improvement amount to 541,000
so that the total cost of the improvement is estimated to be S 180,000.
NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Rosemount hereby
orders the improvements of the Broback Industrial Park Street & Utility Improvements, City
Project #279.
BE IT FURTHER RESOLVED, that the City Council of the City of Rosemount:
1 . The portion of the cost of such improvement to be paid by the City is hereby declared
to be 521,450 and the portion of the cost to be assessed against benefited property
owners is declared to be S 158,550.
2. Assessments shall be payable in equal annual installments extending over a period of
ten (10) years, the first of the installments to be payable on or before the first
Monday in January, 1998, and shall bear interest at the rate of eight percent (8%)
per annum from the date of the adoption of the assessment resolution.
3. The City Clerk, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every
assessable lot, piece or parcel of land within the district affected, without regard to
cash valuation, as provided by law, and he shall file a copy of such proposed
assessment in his office for public inspection.
I
-.
✓
RESOWTION 1997 -
BE IT FURTHER RESOLVED by the City Council of Rosemount, Minnesota:
1. A hearing shall be held on the 15th day of April, 1997, in the City Hall at 8:00 p.m.,
or as soon thereafter as possible, to pass upon such proposed assessment and at
such time and place all persons owning property affected by such improvement will
be given an opportunity to be heard with reference to such assessment.
2. The City Clerk is hereby directed to cause notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior
to the hearing, and she shall state in the notice the total cost of the improvement.
She shall also cause mailed notice to be given to the owner of each parcel described
in the assessment roll not tess than two weeks prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such
property, with interest accrued to the date of payment, to the City, except that no
interest shall be charged if the entire assessment is paid within 30 days from the
adoption of the assessment. The owner may at any time thereafter, pay to the
County Auditor the entire amount of the assessment remaining unpaid, with interest
accrued to December 31 of the year in which such payment is made. Such payment
must be made before November 15 or interest will be charged through December 31
of the succeeding year.
ADOPTED this 18th day of March, 1997.
Cathy Busho, Mayor
ATTEST:
Susan M. Walsh, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
2 '
.�
�"i
1 EXECUTIVE SUMMARY
The Broback industrial Park Street & Storm Sewer Improvement, City Project No. 279
consists of paving the existing street subgrade, installing storm sewer from Upper
145th Street West to outlet the pond on City Outlot B, and installing additional catch
basins on the frontage street.
This Feasibility Report proposes the construction of approximately 1,400 feet of
street and two cul-de-sacs. It also proposes the installation of two catch basins and
180 feet of 15" storm sewer on the frontage streets as well as the installation of 600
feet of 27" storm sewer from Upper 145th Street West to the pond on City Outlot B.
The total estimated cost of the project is approximately S 180,000. Funding for the
project will come from assessments to the benefited properties and the Storm Water
Core Fund. The project construction could be completed by July of 1997 with the
assessment hearing in the fali of 1997.
Due to the relatively high per cost for basically street improvements, and the fact that
the Rosemount Woods Cabinet Shop already has a driveway access, Staff
recommends that the City Council hold an assessment hearing prior to awarding a
contract on the proposed project. If appeals are filed then the project should not be
constructed until the issues are resolved.
The proposed improvement is feasible, necessary and cost-effective from an
engineering standpoint, and is best made as proposed and not in connection with
some other improvement.
City Project No. 279 Pa9e 1
��— _ . __
i
� �
F' !
�
.� � . ( �� M I .
� � 7 �
� f 1 � � � I �
� � � Y
Propsed _ '" ��
,
Cul-de-sac ^
et wes '
3 �-
1 -+ �
.. F � . �-�t�.-._ ' 1�w � Y � _ , f ^ ' ..
� ,� ' .
Proposed ' ' _ ' • .� �o � ,
Roadway � - �.
.
�, �• s
�t �' �° ^ r^
, „ 1
� � Y �w
n
w � -� ' � ` r� � Q M� 2 � '
�� � N �
t � ��2 [ . 3
+ �„ . g
�
— - . I I � �
• �, � , �,
--- •,., � � .
, � O o �.
s�.
Y —, ,�� — � -^ _ .
�
�„� `"'' �,,,�m• ' �' . ..� � ,,,
c� � � • ,., � •
. , •• �
_ "" '—
�
. Q ti , _ . I .„, � "
� � '�
� '�'
< U z � . _ � 2
� � • — � � ..� '" �." _
' � � � • r
:Q -'� � . z '".
» .,
�..,, , . . , •^^
. �
Q. m _ . ' . 4_ ,., — M � ��,���'�'�
a 2 �^ � �
.
o _ _' ' _ �' '
,
z ' ti � � _
.
O "" � ..' � �" " � r. .
S - ���,� Y roo� ,
Q ..n ..,
M p
C ' 2 � `t
� � �
Proposed � ^ — v — " � "�
CuNde-sac � _ . ° mQ � '�'�"�,t3�''�°��
Q ��
, r► � �...........,
'" � . � � 0� .... �
..� p
/^ � � . M � �� .� �� / .
Broback Industrial Park
. Street Improvement N :
City Project No.279 w E
Eaisting Conditions Proposed Improvements
s
City of Rosemount Engineering Dept.
2875 145th Street West ���, Proposed Roadway
Rosemount,MN 55068-0510 �
Office: 4Z3-d411 �
F�u: 423-5209 -
Date:December 30,1996
�J� \` I V 1 I I L./"1 I .
� fBROBACK I �fDUSTR I A � PAR��� �
�
0
- - - , i45TH STREET wEST
�
A(��t � ; - N89'�3'43'E 290.2� � W
\ V �( _ _— '.; �;: '; ,
.:c .r
P� ,nC K� c o��Ll.y�1(:�K��[t
� !1 �G�('f��,KaG:•':v �O
_ �/ :Q =s a�� r.Y1f ?N
iV ~a 1 v :�1: �J N�
� 7; Z`s, i' o
d� I I - 3 ,,�v
�y _ J330 _i �x :=s �o m�Q �����3'E
' _�� _, l00.00
.ti .
4. : . .ica '�• q -�' ' - ---
:ao �o
, s9 0o a•.;o �a'i " ,ei y ;e ,e �
►'� o' " � -
. . �0� p iy_ . _•ec :_ 5 i ` �
:� i� _i � ? _ _. '
O .
. O �.� 6 '� 01
O' m
v >��` o
- _ ----- � . ' � �- ' .
h'� F 7 .
� 't� � ., � � . "t
Q �M%:'
` ^_ . _ � O
Z . Z ' _' ..ur.x i �
� • 8 , 3 �or 1 26.203 sa :r
� �or 2 t5.2B3:d -1
' -- . -'-'-- -- .Oi l t2.150�;0 rT
9 i LOT� 18.2�5 i0 Fi
l0i 5 ?3.'13 i0 ft
' . .Oi n =fi.:68_0 :t
� � l01 % 26..68:J �1
N89'a3'43'E �or a 26.?68 CJ :�
C �Of 3 'fi.;.EB�7 �r
Q(� . .. _.._. . _ "
� \,, .- .� . ....� �_. ..:.1 . SLUCx .. . �
� ' tOT t � Lfl.tiB;� ri
{ . ' L0T� '<6.2E8'i. ci .
. — ' . . . . - _ ' ' :Ji 1 :6.:6d�0 :r �
. . :.Ji�� ?fi..58:� �1
Q , l01 5 �ti.ZEd':J ii �
Q . � _ . � _�'t :fi._5B.� :t �
0. �i ' ,'.S.:.F.�"J .�
¢ N"" `•. 'i. ;'1..:.� .. ..., '01 tl _O..Eii:� .t
� � . - - � _�I 3 1].�%:]� rl
LOi :0 1&0]]i0. FT
� , NB9'43'43'E � �aT u t2.:0050. :T
� � 3°u._1 � '.OT 12 . 30.fi25;� Fi I
. . ..- - . _. � i
G ' _� , 3sc...--- - -__
C.� 2
� � 35c ;a .--— .
3 W : o
0
CWj •• 36U._» _ � .
M '
¢ 4 �:�
w _ g
'N 350.:a •
z
" 5 _ . "
�
� ' � 35U.2t � �,L . �
Q �� 6 .
n.:
� , � -
� _ �0.24. . .
r ,
� Z� . 7 H" �. ' - ' " �
:�.Gn
• ?�a 2a N89'29'19'M ,
G 8 80.00 �
� :'C..'4 � �
, �J � \ _ aJ 9 . � .
�y=!4.U� �� 9 �i f
� a
•` �
�So , 2U1 Oa �..�
� � ,l OU l�n . ^ .
G • ,o �� :oe ye- So =
,�
' . �-c.za g
� � � iJc UO i B.-0G 6: 2. Z - - - - .
11 �., 12 �� 13 _
:,;c � � e� ,. I � '= __- - - -
N84'53'39'E 270.24
UPPER 148TH ST. WEST
; - - - - -- — --- — -- � 1-��v�
rFE�:F".. : � .
� �"_a'. - ._rw<'._ .
' ::C .. .-�,.. . _ .
. � .. .. _. ^ .._c-:.. .
. � ...:='f ..' •� '-. '
SE'V�BY� 3-lis-;37 : ''� #1P�! : SE4'ERSUti SHELUu.�� 1 bl'� 1'�3 �'�03:� ?/ 3 � I
fl
- -. .. �-��, ?. 6 .
SL�V�:it.�[)N� �HLLllC)N�
I.ANKY S.SL•VGkSt�N DOUGHERTY & MOLENDA, P.A. S11.4RON[:.I[1LL5
JAT+�FS F.SHF.l.ISt)N ROHI?R'i'i�.N.i1Ii:R
MIC:1lACLC,.DOUGIIL'RTY� _._ ._ ...... .._- CiiRiSTUFi1L•R n.GRCIYC•
M14H.41i1.N.Mn1.liNT)� A PRnI"�CSit)NAL ASiC)['fATiON SItAKi L STCRtJU
WREN M.SU[.FFST GF.RA1.n(.11l1�)F'_nci.c�ss
�,�riYfKrrrYti,�r►.,�w l�N��A.t.D1�CON
svrre c�x�
T.iiNl WfiS'1' 14?I'H SIRI:1:f
nFf I.F.Vn1.I.F.Y.�ifNNF4OT.\551_1 7i38
March 18, 1997 (6 t 21�32-3�36
�Ltrax;vuunrR���_��xn
City of Rosemaunt
2875 - 145th Sireet West
P. O. Aax 510
Roscmount,MN »afi8-t?Sl0
Attn: Cathy Busha, Mayor
It�: Broback Industrial P�rk Street and Utility Improvements
City Froject No. 279
Praperty I.D.No. 34-15300-050-01
Demr Ms. Mayor:
Pursuant to the pro�visions af Minn. Stat. §�29.061, Subdivisions 1 and 2 thercof, as amended, R.
Duane and Dittne Michatski, tee owners of record af the above�re�erenced parcel, tender ruritten
objection to the proposed special assessments for tlie aiwve-r�ferenced project. The purpose of this
letter is to rescrve the rights of s�id R. Duane and Diane Mich�lski, as owners, to appcal said
pmpased assessment to the Dakota Counry District Court pursuant tv Minn. Stat. §429.081 thereof,
as amended.
The principal basis fc�r said objection is tha.t the above-referenced property will not receive any
� 2 9.
benefit&om the proposed street and utihty�mprnvements can.�tructc.,ci�pdrt Uf C�ty Pro�ect 7
Beiare a city ean levy a special asscssment,it must cstahlish that as a direct and approximatc result
of the projcct, the fair market value of the property to bc asscsscd has increascd in market vatue by
amount equal ta or greater than the proposed assessment. Yn thc present case,the strcct and utility
improvernents witt not,in:uiy vva�r,increase the maricet value af thc Michalski praperty. In light of
this inforrnation, it is clear that there is no benefit whrxtsoever tn my ctients'property throu�h the
strcct and utility improvements propc�sed by Prajeci 279.
Mr.and Mrs.Michalski,through the undersigued,their attomeys,resUectfully request that the City I,
C�uncil find that there is na speciat benefit accruing to their property�znd that tliere will not be any I
increase in their property value directly �ttributable l� th� proposed imPr�vement project.
Aceortiingly, in this instance, there is no special benefit to my clients, but rather a general benefit
�(�1VIVIV���\{.:1���f)�(Yi:Y��11 Si 1'.IC�hN`fI/IN II I'X.\.W I.ti('f 1NtiIN.�Y/llt 1 il I1.\K(11 A f 11[\Ill!I�11 il�llil)1',\ � . .
'CLItTIhIL•l)IthAI.i�ur�pf:kTY I.n W tiPH�nt 1».�t���n � �
�E�T BY � 3-1�s-�7 : '��=�IP:�9 : SEvERSU�v �HELix��� 1 b12 �23 ��'_?t1�:T 3/ 3 .
r
Gathy Busho,Mayor
March l8, 1997
Page 2
to thc community at lazgc. For that rcason, thc cansdtution prohibits the proposed speciul
assessment and the cost of this improvement should be a�eneral obligation to thc community at
large.
Very truly yours,
��'�` �-' �..
Robert B.Baixer
RBB/lcmw
cc: tvlr, and Mrs. R. Duanc Michalski
Susan M. Walsh, City Clerk
Larry S. Severson, Esq.
,